Text: S.2688 — 110th Congress (2007-2008)All Information (Except Text)

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Reported to Senate (07/15/2008)

 
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2688 Reported in Senate (RS)]

                                                       Calendar No. 880
110th CONGRESS
  2d Session
                                S. 2688

                          [Report No. 110-420]

To improve the protections afforded under Federal law to consumers from 
    contaminated seafood by directing the Secretary of Commerce to 
  establish a program, in coordination with other appropriate Federal 
 agencies, to strengthen activities for ensuring that seafood sold or 
 offered for sale to the public in or affecting interstate commerce is 
                       fit for human consumption.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2008

   Mr. Inouye (for himself, Mr. Stevens, Mr. Nelson of Florida, Ms. 
  Murkowski, and Mr. Vitter) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                             July 15, 2008

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To improve the protections afforded under Federal law to consumers from 
    contaminated seafood by directing the Secretary of Commerce to 
  establish a program, in coordination with other appropriate Federal 
 agencies, to strengthen activities for ensuring that seafood sold or 
 offered for sale to the public in or affecting interstate commerce is 
                       fit for human consumption.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Commercial Seafood Consumer 
Protection Act''.</DELETED>

<DELETED>SEC. 2. SEAFOOD SAFETY.</DELETED>

<DELETED>    (a) In General.--The Secretary of Commerce shall, in 
coordination with the Secretary of Health and Human Services and other 
appropriate Federal agencies, establish a program to strengthen Federal 
activities for ensuring that commercially distributed seafood in the 
United States meets the food quality and safety requirements of Federal 
law.</DELETED>
<DELETED>    (b) Memorandum of Understanding.--The Secretary of 
Commerce and the Secretary of Health and Human Services shall enter 
into an agreement within 180 days after enactment of this Act to 
strengthen cooperation on seafood safety. The agreement shall include 
provisions for--</DELETED>
        <DELETED>    (1) cooperative arrangements for examining and 
        testing seafood imports;</DELETED>
        <DELETED>    (2) coordination of inspections of foreign 
        facilities;</DELETED>
        <DELETED>    (3) technical assistance and training of foreign 
        facilities for marine aquaculture, technical assistance for 
        foreign governments concerning United States regulatory 
        requirements, and appropriate information transfer arrangements 
        between the United States and foreign governments;</DELETED>
        <DELETED>    (4) developing a process for expediting imports of 
        seafood into the United States from foreign countries and 
        exporters that consistently adhere to the highest standards for 
        ensuring seafood safety;</DELETED>
        <DELETED>    (5) establishing a system to track shipments of 
        seafood in the distribution chain within the United 
        States;</DELETED>
        <DELETED>    (6) labeling requirements to assure species 
        identity and prevent fraudulent practices;</DELETED>
        <DELETED>    (7) a process by which officers and employees of 
        the National Oceanic and Atmospheric Administration and 
        National Marine Fisheries Service may be commissioned by the 
        Secretary of Health and Human Services for seafood examinations 
        and investigations conducted under section 801 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 381);</DELETED>
        <DELETED>    (8) the sharing of information concerning observed 
        non-compliance with United States food requirements 
        domestically and in foreign countries and new regulatory 
        decisions and policies that may affect regulatory outcomes; 
        and</DELETED>
        <DELETED>    (9) conducting joint training on subjects that 
        affect and strengthen seafood inspection effectiveness by 
        Federal authorities.</DELETED>

<DELETED>SEC. 3. CERTIFIED LABORATORIES.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act, 
the Secretary of Commerce, in consultation with the Secretary of Health 
and Human Services, shall increase the number of laboratories certified 
to the standards of the Food and Drug Administration in the United 
States and in countries that export seafood to the United States for 
the purpose of analyzing seafood and ensuring that it complies with 
Federal law. Such laboratories may include Federal, State, and private 
facilities. The Secretary of commerce shall publish in the Federal 
Register a list of certified laboratories, and shall update the list, 
and publish the updated list, no less frequently than 
annually.</DELETED>

<DELETED>SEC. 4. NOAA LABORATORIES.</DELETED>

<DELETED>    In any fiscal year beginning after the date of enactment 
of this Act, the Secretary of Commerce may increase the number and 
capacity of laboratories operated by the National Oceanic and 
Atmospheric Administration involved in carrying out testing and other 
activities under this Act to the extent the Secretary determines that 
increased laboratory capacity is necessary to carry out the provisions 
of this Act and as provided for in appropriations Acts.</DELETED>

<DELETED>SEC. 5. CONTAMINATED SEAFOOD.</DELETED>

<DELETED>    (a) Refusal of Entry.--The Secretary of Health and Human 
Services shall issue an order refusing admission into the United States 
of all imports of seafood or seafood products originating from a 
country or exporter if the Secretary determines, on the basis of 
reliable evidence, that shipments of such seafood or seafood products 
is not likely to meet the requirements of Federal law.</DELETED>
<DELETED>    (b) Increased Testing.--If the Secretary determines, on 
the basis of reliable evidence that seafood imports originating from a 
country may not meet the requirements of Federal law, and determines 
that there is a lack of adequate certified laboratories to provide for 
the entry of shipments pursuant to section 3, then the Secretary shall 
order an increase in the percentage of shipments tested of seafood 
originating from such country to improve detection of potential 
violations of such requirements.</DELETED>
<DELETED>    (c) Allowance of Individual Shipments From Exporting 
Country or Exporter.--Notwithstanding an order under subsection (a) 
with respect to seafood originating from a country or exporter, the 
Secretary may permit individual shipments of seafood originating in 
that country or from that exporter to be admitted into the United 
States if--</DELETED>
        <DELETED>    (1) the exporter presents evidence from a 
        laboratory certified by the Secretary that a shipment of 
        seafood meets the requirements of Federal law;</DELETED>
        <DELETED>    (2) the Secretary, or an entity commissioned to 
        carry out examinations and investigations under section 702(a) 
        of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), 
        has inspected the shipment and has found that the shipment 
        meets the requirements of Federal law.</DELETED>
<DELETED>    (d) Cancellation of Order.--The Secretary may cancel an 
order under subsection (a) with respect to seafood exported from a 
country or exporter if all shipments into the United States under 
subsection (c) of seafood originating in that country or from that 
exporter more than 1 year after the date on which the Secretary issued 
the order have been found, under the procedures described in subsection 
(c), to meet the requirements of Federal law. If the Secretary 
determines that an exporter has failed to comply with the requirements 
of an order under subsection (a), the 1-year period in the preceding 
sentence shall run from the date of that determination rather than the 
date on which the order was issued.</DELETED>
<DELETED>    (e) Reliable Evidence Defined.--In this section, the term 
``reliable evidence'' includes--</DELETED>
        <DELETED>    (1) the detection of failure to meet Federal law 
        requirements under subsection (a) by the Secretary;</DELETED>
        <DELETED>    (2) the detection of all seafood products that 
        fail to meet Federal law requirements by an entity commissioned 
        to carry out examinations and investigations under section 
        702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 
        372(a)) or a laboratory certified under subsection 
        (c);</DELETED>
        <DELETED>    (3) findings from an inspection team formed under 
        section 6; or</DELETED>
        <DELETED>    (4) the detection by other importing countries of 
        non-compliance of shipments of seafood or seafood products that 
        originate from the exporting country or exporter.</DELETED>
<DELETED>    (f) Effect.--This section shall be in addition to, and 
shall have no effect on, the authority of the Secretary of Health and 
Human Services under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) with respect to seafood, seafood products, or any 
other product.</DELETED>

<DELETED>SEC. 6. INSPECTION TEAMS.</DELETED>

<DELETED>    The Secretary of Commerce, in cooperation with the 
Secretary of Health and Human Services, may send 1 or more inspectors 
to a country or exporter from which seafood exported to the United 
States originates. The inspection team will assess whether any 
prohibited drug, practice, or process is being used in connection with 
the farming, cultivation, harvesting, preparation for market, or 
transportation of such seafood. The inspection team shall prepare a 
report for the Secretary with its findings. The Secretary of Commerce 
shall cause the report to be published in the Federal Register no later 
than 90 days after the inspection team makes its final report. The 
Secretary of Commerce shall notify the country or exporter through 
appropriate means as to the findings of the report no later than the 
date on which the report is published in the Federal Register. A 
country may offer a rebuttal to the assessment within 90 days after 
publication of the report.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated for each of fiscal 
years 2009 through 2013, for purposes of carrying out the provisions of 
this Act, $15,000,000.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Seafood Consumer 
Protection Act''.

SEC. 2. SEAFOOD SAFETY.

    (a) In General.--The Secretary of Commerce shall, in coordination 
with the Secretary of Health and Human Services and other appropriate 
Federal agencies, establish a program, consistent with the 
international obligations of the United States, to strengthen Federal 
activities for ensuring that commercially distributed seafood in the 
United States meets the food quality and safety requirements of Federal 
law.
    (b) Memorandum of Understanding.--The Secretary of Commerce and the 
Secretary of Health and Human Services shall enter into an agreement 
within 180 days after enactment of this Act to strengthen cooperation 
on seafood safety. The agreement shall include provisions for--
            (1) cooperative arrangements for examining and testing 
        seafood imports;
            (2) coordination of inspections of foreign facilities;
            (3) technical assistance and training of foreign facilities 
        for marine aquaculture, technical assistance for foreign 
        governments concerning United States regulatory requirements, 
        and appropriate information transfer arrangements between the 
        United States and foreign governments;
            (4) developing a process for expediting imports of seafood 
        into the United States from foreign countries and exporters 
        that consistently adhere to the highest standards for ensuring 
        seafood safety;
            (5) establishing a system to track shipments of seafood in 
        the distribution chain within the United States;
            (6) labeling requirements to assure species identity and 
        prevent fraudulent practices;
            (7) a process by which officers and employees of the 
        National Oceanic and Atmospheric Administration and National 
        Marine Fisheries Service may be commissioned by the Secretary 
        of Health and Human Services for seafood examinations and 
        investigations conducted under section 801 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 381);
            (8) the sharing of information concerning observed non-
        compliance with United States food requirements domestically 
        and in foreign countries and new regulatory decisions and 
        policies that may affect regulatory outcomes; and
            (9) conducting joint training on subjects that affect and 
        strengthen seafood inspection effectiveness by Federal 
        authorities.

SEC. 3. CERTIFIED LABORATORIES.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Commerce, in consultation with the Secretary of Health and 
Human Services, shall increase the number of laboratories certified to 
the standards of the Food and Drug Administration in the United States 
and in countries that export seafood to the United States for the 
purpose of analyzing seafood and ensuring that it complies with Federal 
law. Such laboratories may include Federal, State, and private 
facilities. The Secretary of Commerce shall publish in the Federal 
Register a list of certified laboratories, and shall update the list, 
and publish the updated list, no less frequently than annually.

SEC. 4. NOAA LABORATORIES.

    In any fiscal year beginning after the date of enactment of this 
Act, the Secretary of Commerce may increase the number and capacity of 
laboratories operated by the National Oceanic and Atmospheric 
Administration involved in carrying out testing and other activities 
under this Act to the extent the Secretary determines that increased 
laboratory capacity is necessary to carry out the provisions of this 
Act and as provided for in appropriations Acts.

SEC. 5. CONTAMINATED SEAFOOD.

    (a) Refusal of Entry.--The Secretary of Health and Human Services 
may issue an order refusing admission into the United States of all 
imports of seafood or seafood products originating from a country or 
exporter if the Secretary determines that shipments of such seafood or 
seafood products do not meet the requirements established under the 
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 301 et seq.).
    (b) Increased Testing.--If the Secretary determines that seafood 
imports originating from a country may not meet the requirements of 
Federal law, and determines that there is a lack of adequate certified 
laboratories to provide for the entry of shipments pursuant to section 
3, then the Secretary may order an increase in the percentage of 
shipments tested of seafood originating from such country to improve 
detection of potential violations of such requirements.
    (c) Allowance of Individual Shipments From Exporting Country or 
Exporter.--Notwithstanding an order under subsection (a) with respect 
to seafood originating from a country or exporter, the Secretary may 
permit individual shipments of seafood originating in that country or 
from that exporter to be admitted into the United States if--
            (1) the exporter presents evidence from a laboratory 
        certified by the Secretary that a shipment of seafood meets the 
        requirements of Federal law;
            (2) the Secretary, or an entity commissioned to carry out 
        examinations and investigations under section 702(a) of the 
        Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has 
        inspected the shipment and has found that the shipment meets 
        the requirements of Federal law.
    (d) Cancellation of Order.--The Secretary may cancel an order under 
subsection (a) with respect to seafood exported from a country or 
exporter if all shipments into the United States under subsection (c) 
of seafood originating in that country or from that exporter more than 
1 year after the date on which the Secretary issued the order have been 
found, under the procedures described in subsection (c), to meet the 
requirements of Federal law. If the Secretary determines that an 
exporter has failed to comply with the requirements of an order under 
subsection (a), the 1-year period in the preceding sentence shall run 
from the date of that determination rather than the date on which the 
order was issued.
    (e) Effect.--This section shall be in addition to, and shall have 
no effect on, the authority of the Secretary of Health and Human 
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.) with respect to seafood, seafood products, or any other 
product.

SEC. 6. INSPECTION TEAMS.

    The Secretary of Commerce, in cooperation with the Secretary of 
Health and Human Services, may send 1 or more inspectors to a country 
or exporter from which seafood exported to the United States 
originates. The inspection team will assess practices and processes 
being used in connection with the farming, cultivation, harvesting, 
preparation for market, or transportation of such seafood and provide 
technical assistance related to the requirements established under the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The 
inspection team shall prepare a report for the Secretary of Commerce 
with its findings. The Secretary of Commerce shall make a copy of the 
report available to the country or exporter that is the subject of the 
report and provide a 30-day period during which the country or exporter 
may provide a rebuttal or other comments on the findings to the 
Secretary. The Secretary of Commerce shall cause the report, together 
with any comments submitted to the Secretary by the country or 
exporter, to be published in the Federal Register no later than 60 days 
after the inspection team makes its final report.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years 
2009 through 2013, for purposes of carrying out the provisions of this 
Act, $15,000,000.
                                                       Calendar No. 880

110th CONGRESS

  2d Session

                                S. 2688

                          [Report No. 110-420]

_______________________________________________________________________

                                 A BILL

To improve the protections afforded under Federal law to consumers from 
    contaminated seafood by directing the Secretary of Commerce to 
  establish a program, in coordination with other appropriate Federal 
 agencies, to strengthen activities for ensuring that seafood sold or 
 offered for sale to the public in or affecting interstate commerce is 
                       fit for human consumption.

_______________________________________________________________________

                             July 15, 2008

                       Reported with an amendment